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1. The Defendant is entitled to legal reserve of inheritance on February 6, 2017 with respect to each of the real estates listed in the separate sheet to the Plaintiffs.
Reasons
1. Basic facts
A. D died on April 17, 2016, and his heir is the Plaintiffs and the Defendant, who are wife E and their children.
B. On August 17, 2015, before death, D donated each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on August 17, 2015, and completed the registration of ownership transfer under the name of the Defendant on August 25, 2015.
C. At the time D’s death, there was no positive and negative property, which is inherited property and inherited property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the occurrence and calculation method of the right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance in the plaintiffs as a co-inheritors who donated the real estate of this case to the defendant, the plaintiffs may claim the return of legal reserve of inheritance against the defendant to the extent of the shortage. In this case, the calculation method of legal reserve
Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve / (B) - The amount of the special profit (C) - A/D of the person entitled to the legal reserve of inheritance / The amount of the legal reserve of inheritance - The amount of the amount of the legal reserve of inheritance - B = the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the inheritance - the amount of the property
B. 1 Legal reserve of inheritance is calculated on the basis of the value of the property of the inheritee at the time of commencing the inheritance and the amount calculated on the basis of the amount calculated by adding the value of the property at the time of the commencement of the inheritance to the value of the property of the inheritee, and after deducting the amount of inherited debts. If there is a person who has made special profits by means of a living donation from the inheritee among co-inheritors, the application of Article 1114 of the Civil Act is excluded, and the entire donated property is included